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City ordinances address vicious dogs

Complaints to law enforcement concerning animals are emotional for all parties involved, and city ordinances give Aberdeen officials the authority to impose various requirements once a dog has been categorized as vicious.

Aberdeen City Attorney Ron Wager said that since he started the job last year, he’s had more contact with Aberdeen’s animal control officer John Weaver than any other aspect of law enforcement. In reviewing the city animal ordinances, Wager said they provide a good template for officers to evaluate any animal incident.

The Aberdeen City Council fielded questions Monday from Pat Moore of Aberdeen regarding an incident in which his child was bitten by his neighbor’s dog. Moore said there was a prior incident involving the neighbor’s dog and another dog, and he asked why something wasn’t done after the initial report.

Monday’s discussion left out several details about the dog in question. Wager said the first incident, involving the neighbor’s Rottweiler dog, happened in the neighbor’s yard. The Rottweiler was bitten by a dog that came into its yard and it subsequently bit back, Wager said. At that time, Wager said, the Rottweiler was impounded and observed, then released with the condition that updated shot records and licensing be provided.

Aberdeen Police Chief Dave McNeil said that with a cat or dog bite complaint, the first thing law enforcers check is rabies shot records.

“Rabies is deadly and quite common in South Dakota,” McNeil said. “The law requires a 10-day quarantine.”

In minor cases, McNeil said, the quarantine can be completed at home if certain conditions are met. Otherwise, the quarantine is at the city animal shelter at the owner’s expense. If the animal shows signs of being sick, the victim is notified and the animal is tested.

No vicious dog determination was made after the original call, Wager said, and the owner of the dog that bit the Rottweiler didn’t want to see further action. With any case, Wager said, officials evaluate the situation to determine if the dog can be returned safely to its owner or if restrictions should be put in place.

When Moore’s daughter was bit, the dog was once again taken to the pound for observation, Wager said. At that time, he said, Weaver contemplated declaring the Rottweiler as vicious.

According to city ordinance, if the animal control officer makes a vicious dog determination, that decision can be appealed to the animal review board.

If the determination stands, Wager said, the owner is required to comply with several stipulations before the dog can be released. According to the ordinance, the requirements, which are required within 10 days, include:

• The installation of fencing around the property. Gaps of more than 2 inches are prohibited.

• Lockable gates that prevent the escape of the animal and the entry of children.

• An enclosed pen for the animal that is kept clean and sanitary and provides adequate space, light, ventilation and a water source.

• A sign on the kennel warning the public that a dangerous or vicious dog is inside.

• Obtaining a $150 permit from the city.

• Obtaining a $500,000 to $1 million liability insurance policy to cover potential damage caused by the animal.

Proof of vaccinations is also required, as is the installation of a microchip for identification and proof that the dog has been spayed or neutered.

Once a dog is considered vicious, if it is found running loose in town or bites another person or animal, animal control can impound and euthanize the dog within five days, unless the animal’s owner requests a hearing before the animal review board.

As for Moore’s concerns, his neighbor’s Rottweiler is no longer an issue. Wager said the owner elected to euthanize the dog.

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